Middle Housing

Background

In 2019 the Oregon legislature passed and the governor signed House Bill 2001 (HB 2001) that requires certain cities including Woodburn to permit duplexes, triplexes, and quadplexes (a.k.a. quadruplexes) by right within residential zoning districts that allow detached single-family dwellings (i.e. houses) by right.

Per HB 2001 Section 2 the deadline for conformance is June 30, 2022. The target enabling ordinance adoption date is Monday, June 27, 2022, which like all newly adopted City ordinances would take effect 30 days later.

Funding

Following City Council direction on March 9, 2020, City staff applied for and won grant funds and will prepare a draft legislative amendment (LA) to the Woodburn Development Ordinance (WDO) by May 31, 2021 and adopt a final amendment by the HB 2001 deadline of June 30, 2022.

Courtesy Opticos Design, Inc.: Missing Middle Housing

Conclusion

The City Council on June 9, 2022 approved Legislative Amendment LA 21-02 "middle housing" by adopting Ordinance No. 2603 effective June 30, 2022.

To see the Woodburn Development Ordinance (WDO) strikethrough-and-underline amendments, look to ordinance Exhibit A, available within the City Council June 13, 2022 agenda packet starting on p. 18.
To see the final, "clean" version of the WDO, on or after June 30, 2022 visit as usual the Woodburn Development Ordinance (WDO) webpage.

Contact Colin Cortes, AICP, CNU-A, Senior Planner, with project questions at either (503) 980-2485 or by e-mail.

Frequently Asked Questions

What is middle housing?

Middle housing includes accessory dwelling units (ADUs), duplexes, triplexes, quadplexes (also known as fourplexes or quadraplexes), townhouses, and cottage clusters (several small or very small houses centered on a common area such as a lawn or courtyard). Woodburn already allows ADUs per state law.

Category: Middle Housing

What is HB 2001? Why was it passed?

The 2019 legislature passed House Bill 2001 (HB 2001) into a law that requires cities to allow "middle housing" in residential zones that already allow houses. For Woodburn, this means all residential zones.

The purpose of the state law and the Middle housing Project is to increase the amount of lower-cost market-rate housing. Middle housing can be less expensive to build than conventional large houses and apartments in new apartment complexes, and that may make it possible to charge lower rents or sale prices. Also, middle housing will be allowed in more locations than apartment complexes are allowed today, which may result in more new housing units being developed.

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Can middle housing be built anywhere?

No.

First, state law requires that cities allow middle housing in residential zones that already allow houses.

Second, the City can continue to require that property be ready for development before the City approves development. If the situation of a property isn't good enough to build a house - for example, if water or sewer is lacking - then the City retains the right also to deny building a middle housing type.

Third, cities can regulate siting and design of middle housing if the regulations do not "discourage the development of middle housing" per state law.

Category: Middle Housing

What is the City doing?

The City Council on June 9, 2022 approved Legislative Amendment LA 21-02 "middle housing" by adopting Ordinance No. 2603 effective June 30, 2022.

To see the Woodburn Development Ordinance (WDO) strikethrough-and-underline amendments, look to ordinance Exhibit A, available within the City Council June 13, 2022 agenda packet starting on p. 18.
To see the final, "clean" version of the WDO, on or after June 30, 2022 visit as usual the Woodburn Development Ordinance (WDO) webpage.

Category: Middle Housing

How does the project affect homeowners?

The Middle Housing Project would allow those who are already homeowners to pursue building a dwelling or dwellings on their properties to generate rental income. In some cases, homeowners may also convert their home into multiple units.

The City is forming a Technical Advisory Group (TAG) as the main body advising City staff and officials on what amended regulations should be. Contact the Associate Planner if you're interested in joining the TAG to influence the rules the City Council might review and adopt.

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How does the project affect renters?

The Middle Housing Project could entice some homeowners to pursue building a dwelling or dwellings on their properties to rent out.

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How does the project affect developers and contractors?

State law generally requires that development regulations not discriminate between houses and middle housing types. This necessitates major amendments to the Woodburn Development Ordinance (WDO). City objectives include to make amended regulations clear and simple for small developers, including homeowners and small home builders, who choose to pursue middle housing.

Category: Middle Housing

Does this mean the City will no longer allow Single Family Homes to get built?

No. The City will continue to allow houses on properties that are zoned for them and are ready for development.

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How could parking rules change?

State law through Oregon Administrative Rules (OAR) 660-046 limits cities to requiring no more than two off-street parking spaces total for a duplex. It also has a specific set of standards about parking in subsection 660-046-220(2)(e).

Though the City cannot require more off-street parking, developers would remain at liberty to provide more than the minimum. Developers often do provide more parking than required if they think that is what the market wants.

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Does this interfere with homeowner association (HOA) codes, covenants, and restrictions (CC&Rs)?

The law allows most existing deed restrictions, homeowner association agreements (HOA), and covenants, conditions, and restrictions (CC&Rs) to remain as they are. However, these agreements are unenforceable if they both (a) prohibit middle housing and (b) were adopted on or after August 8, 2019. New deed restrictions, agreements, and CC&Rs cannot prohibit middle housing.

Category: Middle Housing

Can I legalize my illegal accessory dwelling unit (ADU)?

Staff welcomes people who want to legalize unpermitted ADUs through City permit approvals. If a landowner can make an existing unpermitted ADU meet zoning regulations including Woodburn Development Ordinance (WDO) Section 2.07.20 as well as building code and public works standards, then the answer would be yes. There's no need to wait for the Middle Housing Project because existing regulations allow pursuit of ADUs. Visit the ADUs webpage for further details.

The City is forming a technical advisory group (TAG) as the main body advising City staff and officials on what amended regulations should be. Contact the Associate Planner if you're interested in joining the TAG to influence the ruels the City Council might review and adopt.

Category: Middle Housing

I am a home builder/contractor: Does this relax the building code? Can I be exempt from street improvements?

No, and - in most cases - no.

The Middle Housing Project in no way relaxes the statewide uniform building code. That said, the law requires the Oregon Department of Consumer and Business Services (DCBS) Building Codes Division, which manages amendments to the building code, to create an alternate approval pathway for internal conversions of houses into two or more dwellings. This would make it easier for a house to be converted into a duplex or triplex. Consult the Oregon Building Codes Division directly with questions on this specific topic.

Regarding street improvements, Woodburn Development Ordinance (WDO) Section 3.01.01D has a limited exemption for building a house on a lot in a long-established neighborhood, namely exemption from street widening, sidewalk, and a landscape or planter strip for street trees. It appears to City staff that state law requires that if the City continues to allow exemptions, that it administer them equitably for both houses and middle housing types. The City might instead eliminate the exemption.

The City is forming a technical advisory group (TAG) as the main body advising the City staff and officials on what amended regulations should be. Contact the Associate Planner if you're interested in joining the TAG to influence the rules the City Council might review and adopt.

Category: Middle Housing